Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Nuisance-Miscellaneous. For more information about nuisance see the pages on Wikipedia  

Nuisance-Miscellaneous: Cases

2004 Maddox v. Commonwealth, 267 Va. 657, 594 S.E.2d 567.

Plaintiff asserted claim against Commonwealth for personal injuries suffered in bicycle accident as a result of alleged defect in sidewalk. Only claim on appeal is whether nuisance claim against Commonwealth is barred by sovereign immunity. Supreme court says it is.

1982 National Energy Corp. v. O’Quinn, 223 Va. 83, 286 S.E.2d 181.

Coal preparation plant held to constitute private nuisance. Natural rights of individuals are not inferior to rights of industry.

1982 Foley v. Harris, 223 Va. 20, 286 S.E.2d 186.

Presence of junked automobiles on lot in subdivision was properly enjoined as nuisance.

1971 Virginia Beach v. Virginia Beach Steel Fishing Pier, 212 Va. 425, 184 S.E.2d 749.

City cannot be liable for nuisance if act charged to be nuisance is lawfully authorized and is accomplished without negligence.

1966 Wells v. Whitaker, 207 Va. 616, 151 S.E.2d 422.

Owner of property reserved no control or right to direct operation of plant on leased land and since plant did not constitute nuisance, owner’s mere ownership of land was not enough to hold him liable.

1966 Finley, Inc. v. Waddell, 207 Va. 602, 151 S.E.2d 347.

Contractors on state highway project set up plant to make bituminous concrete on site. Dust and smoke from operations were blown onto plaintiff’s land, ruining pasturage and coating buildings. Plaintiffs rightfully recovered verdict on theory defendants were conducting nuisance. One cannot relieve himself of liability by engaging independent contractor to perform work that in course of performance necessarily creates nuisance.

1962 Smith v. Pittston Co., 203 Va. 711, 127 S.E.2d 79.

Error to tell jury to take into account character of area where pollution is occurring. Importance of industry does not give it rights superior to residents.

1960 Kellam v. School Bd., 202 Va. 252, 117 S.E.2d 96.

Even though personal injury may result from nuisance, this still will not impose liability on school board which is covered by sovereign immunity.

1948 Magee v. Omansky, 187 Va. 422, 46 S.E.2d 443.

Nuisance-miscellaneous.Obstruction of public highway is public nuisance and individual cannot sue to enjoin such unless peculiar and special injury to himself can be established.

1948 Haywood v. Massie, 188 Va. 176, 49 S.E.2d 281.

Nuisance-miscellaneous.Obstruction of easement may be nuisance. No duty to mitigate damages in cases of absolute nuisance.